Legal Question in Personal Injury in Texas

My 4 year old daughter was injured at her day care and fractured her clavicle when she was knocked off the playground slide. The state investigated the incident as well. The day care offered to pay our out of pocket expense and cut a check as soon as I gave them all of the bills. I want to make sure that our insurance company will not come back at us for the bill. I have a feeling the day care should have filed an insurance claim since they are responsible for the safety of my daughter as well as I have been told that while my daughter was playing there was no supervision on the playground.

Thanks


Asked on 5/26/10, 4:27 pm

2 Answers from Attorneys
Parker Polan Briggle & Polan, PLLC

I'm sorry to hear about your daughter's injuries. I would be happy to speak with you about this. I would not accept a settlement of just her medical bills as legally she is entitled to more. It is true that your own insurance company may have subrogation rights for what meds they paid. Call me to discuss. My number is 512-472-8318.

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Answered on 5/26/10, 7:43 pm
Jason Kipness Kipness Law Firm

DO NOT NEGOTIATE THIS CLAIM WITHOUT A LAWYER. YOU MAY HAVE TO PAY SOME $ BACK TO THE HEALTH INS. CO.

You should not give a statement, give access to your daughter's medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company and the daycare is not your friend and is not concerned with your child's injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will you frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement for your daughter.

I would be more than happy to talk with you about the accident.

I can be reached at (214) 800-3454.

Please visit www.kiplawfirm.com for free information about child accidents.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

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Answered on 5/30/10, 10:39 am


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